• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

restraining order and child custody

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



What is the name of your state? Washington

*note - I posted this in family law too. But since it does involve criminal law I wanted bothe perspectives.*

My girlfriend is in a custody battle with her kids father. This guy is pretty unstable and has had a restraining order put into place against him. A month or two ago he apparently tried to commit suicide by crashing his motorcycle. He is now in the hospital and requesting through his lawyers that my girlfriend bring the kid to see him. Her lawyer thinks it is best to go see him because it would look good for the custody battle.

My question is this, doesn't crimnal law take precedence over civil law? If anyone is going to take the child shouldn't it be a third party??


Senior Member
If there is a restraining order against the dad and it includes your girlfriend AND her kids then neither should visit the guy.

If the RO is only between him and her, then yes, he could see the kids but she should not take them or be in the same room with the guy. Is she against him seeing the kids while in the hospital?

If no, then let a friend or another family member take the kids.
Last edited:


Maybe I missed it somewhere, but where does criminal law come into the matter? You have an attorney involved, why not follow his advice?

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential